the assistant principal, Theodore Choplick’s, office. A freshmen in high school, T.L.O. (the student's’ initials), denied the allegations even though her friend confessed. Principal Choplick proceeded to search the purse of T.L.O. and found cigarettes. His findings prompted a deeper search into T.L.O.’s purse in which he found cigarette rolling papers, marijuana, a pipe, empty plastic baggies, a large quantity of money, and a list of individuals that owed T.L.O. money. As the evidence…
(“Wiretapping”). Wiretapping is categorized as a form search and seizure because the people wiretapping are searching the conversations for evidence and seizing the evidence through the recorded conversations. What makes these searches unconstitutional is that the person being wiretapped has no knowledge that they are being recorded and the warrant for wiretapping does not specify what will be seized (Stellin). This form of search and seizure does not only affect the person being tapped though,…
lawyer was denied the right to see his/her client and when Mapp demanded to see the warrant, the officers showed her a paper which she snatched and placed into her bra. The Officer then arrested Mapp in an effort to get the paper back. During the search officers discovered “obscene materials” were found; therefore, Miss Mapp was convicted for this evidence. Procedural History: Mapp was tried and convicted…
people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The ultimate goal of this amendment is to protect…
guarantees freedom from unreasonable search and seizure. Law enforcement officers need probable cause and in most case a warrant to search a person or their belongings. Any evidence collected from an illegal search will be excluded from evidence at trial. The purpose of the 4th Amendment is to protect citizens from being abused by the government and its law enforcement agencies. Students at public education institutions are also protected against unreasonable search and seizures of personal…
American Citizens as they protect the citizen’s individual rights. The three main or most important Amendments are; 1st Amendment- freedom of religion, speech, press, assembly, and petition, 4th Amendment- protects from unreasonable searches and seizures, and 5th Amendment- no punishment without due process of law. The first Amendment gives a citizen freedom of religion, speech, press, assembly, and petition. This gives a person the right to believe and worship in any way they wish. Likewise…
reasonable suspicion that a crime has been committed in order to search and seize an individual. Speeding, as well as having tinted windows and a taillight being out is enough reasonable suspicicion to pull Lil Flet over and inspect the car. As breaking the law gives an officer a reasonable belief that there may be evidence of a crime located within the vehicle. Additionally, identifying the smell of a drug is enough grounds for a search as it gives the officer probable cause. In this instance,…
Other exceptions include open fields, canine sniff, booking search and inventory, public safety, and officer safety. The purpose for this rule can be looked at like a way for law enforcements to conduct searches and seizures that do not violate the Fourth Amendment and individuals that have had their rights violated. This legal rule first made its appearance during the U.S. Supreme court case Weeks v. United States (1914). Freemont Weeks was arrested under suspicion of using the U.S. mail to…
is grounded in the fourth amendment designed to protect citizens from illegal searches and seizures. The Fremont Weeks took place in 1914 and is considered as one of the first cases that the exclusionary rule was implemented. MR Weeks was arrested for using the mail to transport tickets for a lottery, which is a federal offense. He was arrested at his place of business, and federal officers did a search of his home and business without a warrant. The police confiscated many incriminating items…
three amendments help to protect the rights of American citizens and make sure that all rights are equal. The 8th amendment prohibits excessive fines and bail, and prohibits cruel and unusual punishment. The 4th amendment prohibits unreasonable search and seizure of property. The 13th amendment abolished slavery. These three amendments have helped to shape America and the way that government runs the country. The 8th amendment prohibits the federal government from imposing…